Terms and Conditions
We like to keep things fair and simple
But for when good business practice and common sense fails, the following terms and conditions are here to protect both Creative Generals and it's clients.
1. Let’s agree
These terms and conditions govern any services we provide to you, and any content or information, text, graphics, photos or other materials uploaded, downloaded or appearing on or in relation to those services. By accepting our services, you are agreeing that these terms constitute a legal agreement between you and us.
To ensure it’s clear who we are, in these terms “we or our” means Creative Generals Pty Ltd.
We create designs that adapt to the capabilities of many devices and screen sizes. We create them iteratively and use predominantly HTML and CSS so we won’t waste time mocking up every template as a static visual. We may use visuals to indicate a creative direction (colour, texture and typography.) We call that ‘atmosphere.’
You’ll have plenty of opportunities to review our work and provide feedback. We’ll either share a Dropbox, Google Drive folder or Github repository or development site with you and we’ll have regular, possibly daily contact by either phone, Skype, or Slack.
If—at any stage—you change your mind about what you want delivered or aren’t happy with the direction our work is taking, you’ll pay us in full for the time we’ve spent working until that point and may terminate this contract. Please also note that any initial deposits are non-refundable.
3.1 Text Content
Unless agreed separately, we’re not responsible for inputting text or images into your content management system or creating every page on your website. We provide professional copywriting and editing services, so if you’d like us to create new content or input content for you, we’ll provide a separate estimate.
3.2 Graphics and Photographs
You should supply graphic files in an editable, vector digital format. You should supply photographs in a high resolution digital format. If you choose to buy stock photographs, we can suggest stock libraries. If you’d like us to search for photographs for you, we can provide a separate estimate.
4.1 Browser testing
Browser testing no longer means attempting to make a website look the same in browsers of different capabilities or on devices with different size screens. It does mean ensuring that a person’s experience of a design should be appropriate to the capabilities of a browser or device.
We test our work in current versions of major desktop browsers including those made by Apple (Safari), Google (Chrome), Microsoft (Edge), Mozilla Firefox and Opera. We won’t test in other older browsers unless we agree so separately. If you need an enhanced design for an older browser, we can provide a separate estimate for that.
4.2 Mobile browser testing
Testing using popular smaller screen devices is essential in ensuring that a person’s experience of a design is appropriate to the capabilities of the device they’re using. We test our designs in:
- iOS: Safari and Google Chrome
- Android: Google Chrome
We won’t test in Opera Mini/Mobile, specific Android devices, or other mobile browsers unless we agree so separately. If you need us to test using these, we can provide a separate estimate for that.
4.3 Compliance with eCommerce, accessibility or other regulations
You are required to ensure that the website and its content comply with current online trading laws and regulations, in the countries applicable to your business/market.
4.4 Compliance with laws and regulations
You may use our services only as permitted by law. We are not responsible for any failure to comply with laws and regulations related to accessibility, selling online or those specific to business or trade. We suggest you seek independent legal advice. We also have the right to stop providing services to you if you don’t comply with these terms or any application law.
5. Malicious Attacks
Although we take website security very seriously, from time to time a website may be victim to a malicious attack. These are out of our hands and if we are required to fix issues created by malicious attacks after completion, additional costs may apply.
6. Technical support
You may already have professional hosting and you might even manage that hosting in-house; if you do, great. If you don’t, we will recommend one of our preferred hosting providers. We can set up your site on a server, plus any statistics software such as Google Analytics and will provide a separate estimate for that. Then, the updates to, and management of that server will be up to you.
7. Search engine optimisation (SEO)
We don’t guarantee improvements to your website’s search engine ranking, but the pages that we develop are accessible to search engines, and we build our websites so that they are well positioned to rank in search engines. If you need dedicated SEO solutions or Adwords plans, we can provide a separate estimate for that.
8. Changes, revision, cancellation
8.1 Changes and revisions
We don’t want to limit your ability to change your mind. The prices we agree at the commencement of a project are based on the number of hours/weeks that we estimate we’ll need to accomplish everything you’ve told us you want to achieve. We are happy to revise concepts for you, but please be aware that these revisions are limited. Unless otherwise stated, it’s a max of 3 revisions of your preferred design. If out of scope work is required, it will have to be charged separately. But we will always let you know before any additional fees are incurred.
8.2 Cancellation by client
If the project is cancelled by the client, all costs towards work completed to date are to be paid by ‘The Client’. The minimum cancellation fee will be 50% of the original quote.
8.3 Cancellation by us
We reserve the right to immediately terminate our contract with you when:
- The initial scope of work has been increased by more than 10% and you are refusing extra charges.
- You are too slow to respond. We deem slow to respond as more than 30 days waiting for content, a brief, a revision, payment, final sign off or general delays resulting in a halt in our production.
- We deem the work unethical or against our normal operating processes and procedures.
- You do not pay us within our payment terms, or you become insolvent.
What you see in the quote from us is what you will get. If you need to add anything, we are always happy to review the scope of work for you. Please note that once you have agreed to the quote we will need to stick to it as much as possible. We are flexible to enable changes from the initial scope, but please keep in mind this will more than likely affect the time required for production and, possibly, the fees payable.
10. Project Delivery
The project schedule and timeline we provide is an estimate, but we are very passionate about not exceeding these. Our work involves different parties, it’s a teamwork, and sometimes it can be delayed. We request that you keep our pace, slow decision making or feedback can really delay our production and ultimately the completion of the project.
11. Disclaimer and Exclusion of Liability
We’ll carry out our work in accordance with good industry practice and at the standard expected from a suitably qualified person with relevant experience. That said, we can’t guarantee that our work will be error-free and so, to the extent permitted by law, we can’t be liable to you or any third-party for damages, including lost profits, lost savings, loss of data or other incidental, consequential or special damages, even if you’ve advised us of them. This, however, doesn’t apply to protecting you from any intellectual property rights claims made against you relating to our inputs (which we will fully indemnify you for).
Some jurisdictions provide for certain warranties and guarantees, such as the implied warranties of merchantability and fitness for a particular purpose. To the extent permitted by law, unless otherwise provided in these terms, we exclude all such warranties and guarantees. Where liability cannot be excluded, our total liability for any claims under these terms, including for any implied warranties and guarantees, is limited to, at our option, the resupply of the services or (where applicable) repair or replacement or payment of the cost of having the services resupplied, repaired or replaced, or otherwise to the extent provided for by relevant law.
Other than protecting us from any intellectual property rights claims made against us relating to your inputs (which you need to fully indemnify us for), your liability to us will also be limited to the amount of fees payable under this contract and you won’t be liable to us or any third-party for damages, including lost profits, lost savings, loss of data or other incidental, consequential or special damages, even if we’ve advised you of them.
Finally, if any provision of this contract shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions.
12. Intellectual property rights
Just to be clear, “Intellectual property rights” means all patents, rights to inventions, copyright (including rights in software) and related rights, trademarks, service marks, get up and trade names, internet domain names, rights to goodwill or to sue for passing off, rights in designs, database rights, rights in confidential information (including know-how) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or shall subsist now or in the future in any part of the world.
12.1 Graphic and Web Design
First, you guarantee that all elements of text, images or other artwork you provide are either owned by your good selves, or that you’ve got permission to use them. When you provide text, images or other artwork to us, you agree to fully protect us from any claim by a third party that we’re using their intellectual property by indemnifying us against any claims made by a third party.
We guarantee that all elements of the work we deliver to you are either owned by us or we’ve obtained permission to provide them to you. When we provide text, images or other artwork to you, we agree to fully protect you from any claim by a third party that you’re using their intellectual property by indemnifying you against any claims made by a third party. Provided you’ve paid for the work and that this contract hasn’t been terminated, we’ll assign all intellectual property rights to you as follows:
- You’ll own the website/artwork we design for you plus the visual elements that we create for it. At your request, we are happy to supply you with finished files (this means the final file(s) as it was published).
- You own all intellectual property rights of text, images, site specification and data you provided, unless someone else owns them.
- Artwork/Source files may be supplied on request unless subject to third party licensing agreements. We are happy to provide editable file formats on request (ai, eps, psd or indd). We reserve the right to charge an additional fee to cover the time it takes us to retrieve and prepare the files for delivery.
- You give us permission (a licence) to display any of our work that we assign to you as per paragraph 13 below.
- We’ll continue to own any intellectual property rights we’ve developed prior to, or developed separately from this project and not paid for by you. We’ll own the unique combination of these elements that constitutes a complete design and we’ll license its use to you, exclusively and in perpetuity for this project only, unless we agree otherwise.
12.2 Video Production
On completion of any part or component of the Services and full payment of all fees or expenses payable by Client for it, Creative Generals grants the Client a licence to use that part or component as delivered to the Client (a Work) for the term, territory and use or purpose set out in the Proposal, including any other limits set out in it or otherwise agreed. The Client is not entitled to, and undertakes not to, make any use whatsoever of any of the Services or Work until the licence for it under this Clause commences, unless agreed in writing with Creative Generals. In any event, the Client may not alter or make any adaptation of the Work except to the extent expressly set out in the Proposal or with Creative Generals’s prior written consent, and must give Creative Generals the first option to complete that work before Client engages any third party to complete that work.
Unless otherwise agreed in writing, Creative Generals retains ownership of all the right, title and interest (including copyright) in all work created or undertaken to produce the Services including the Work, all underlying ideas, concepts, methods or techniques, and any rights it may have in or to use third party proprietary work or materials in providing Services. For the purposes of clarity, all masters, film, tapes or other source material created by Creative Generals shall remain the exclusive property of Creative Generals.
Quotations and costs are confidential, we request that don’t share these with any other entities, unless we give you permission to.
13. Displaying our work
We love to show off our work, so we reserve the right to display all aspects of our creative work, including sketches, work-in-progress designs and the completed project on our portfolio and in articles on websites, in magazine articles and in books.
14. Payment schedule
We’re sure you understand how important it is as a small business that you pay the invoices that we send you promptly.
We issue invoices electronically. Our payment terms are 14 days from the date of invoice.
If you aren’t from Australia, please note that all proposals are quoted in AUD and payments will be made at the equivalent conversion rate at the date the transfer is made. You agree to pay all charges associated with international transfers of funds.
The appropriate bank account details will be printed on our electronic invoice. We reserve the right to charge interest on all overdue debts at the rate of 5% per month or part of a month.
15. But where’s all the horrible small print?
Just like a parking ticket, neither of us can transfer this contract to anyone else without the other’s permission.
We both agree that we’ll adhere to all relevant laws and regulations in relation to our activities under this contract and not cause the other to breach any relevant laws or regulations.
Although the language is simple, the intentions are serious and this contract is a legal document under exclusive jurisdiction of Victorian courts.
Effective: 1st July 2018